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Master Partner Agreement Template for Switzerland

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Key Requirements PROMPT example:

Master Partner Agreement

I need a Master Partner Agreement for my Swiss software company to establish a reseller partnership network across Europe, with specific focus on data protection compliance and revenue sharing models for cloud-based services starting January 2025.

Document background
The Master Partner Agreement serves as the primary contractual framework for establishing and managing business partnerships under Swiss law. This document is essential when companies seek to formalize long-term collaborative relationships, whether for distribution, reselling, service delivery, or joint business ventures. It provides a comprehensive structure that addresses all crucial aspects of the partnership while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and federal data protection regulations. The agreement typically includes detailed provisions for commercial terms, operational procedures, and risk allocation, with flexibility to accommodate specific business models through additional schedules. It is designed to protect both parties' interests while facilitating efficient business operations and scaling of partnership activities.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of parties' businesses and intention to partner

3. Definitions: Defined terms used throughout the agreement

4. Appointment and Scope: Terms of partner appointment and scope of the partnership

5. Term and Termination: Duration of the agreement and termination provisions

6. Partner Obligations: Core responsibilities and commitments of the partner

7. Company Obligations: Core responsibilities and commitments of the company

8. Financial Terms: Compensation, fees, payment terms, and financial obligations

9. Intellectual Property Rights: IP ownership, licenses, and usage rights

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: Compliance with Swiss data protection laws and data handling procedures

12. Representations and Warranties: Legal assurances and guarantees from both parties

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Marketing and Promotion: Guidelines for marketing activities and brand usage, included when partnership involves co-marketing

2. Service Levels: Performance metrics and service standards, included when specific performance levels need to be maintained

3. Training and Support: Details of training and support provisions, included when technical or operational support is part of the partnership

4. Insurance: Insurance requirements and coverage obligations, included for high-risk activities or regulatory requirements

5. Compliance with Laws: Specific regulatory compliance obligations, included for heavily regulated industries

6. Territory and Exclusivity: Geographic restrictions and exclusivity rights, included when territorial rights are granted

7. Non-Competition: Competitive restrictions and limitations, included when protecting market interests

8. Dispute Resolution: Specific dispute resolution procedures, included when standard court jurisdiction is not preferred

9. Source Code Escrow: Software source code protection provisions, included for technology partnerships

10. Change Control: Procedures for managing changes to services or deliverables, included for complex operational partnerships

Suggested Schedules

1. Schedule 1 - Partner Services: Detailed description of services or products provided by the partner

2. Schedule 2 - Commercial Terms: Detailed pricing, commission structures, and payment terms

3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement criteria

4. Schedule 4 - Technical Requirements: Technical specifications and requirements for service delivery

5. Schedule 5 - Support and Maintenance: Detailed support procedures and maintenance requirements

6. Schedule 6 - Compliance Requirements: Specific regulatory and compliance obligations

7. Appendix A - Authorized Personnel: List of key contacts and authorized representatives

8. Appendix B - Approved Subcontractors: List of approved subcontractors and their roles

9. Appendix C - Data Processing Agreement: Detailed data protection and processing requirements

10. Appendix D - Brand Guidelines: Guidelines for use of trademarks and marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































Clauses















































Relevant Industries

Information Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Telecommunications

Retail and Distribution

Software and SaaS

Consulting

Industrial Services

Education and Training

Research and Development

Relevant Teams

Legal

Business Development

Commercial

Sales

Operations

Finance

Compliance

Risk Management

Partner Relations

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Head of Partnerships

Business Development Director

Commercial Director

Legal Counsel

Partner Relations Manager

Alliance Manager

Contract Manager

Chief Operating Officer

Sales Director

Channel Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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